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Southampton, NY Fire Regulations: Brush Clearance (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Exempt clearing distance
20 feet of a house or business
Governing law
Article XIIIA, added L.L. No. 13-2026
General permit trigger
Over 2,000 sq ft on 20,000 sq ft+ lots
Enforcing agency
Land Management Administrator
Maximum fine
$1,000 per offense per day
Surcharge
$100 mandatory blight mitigation surcharge

Summary

In the Town of Southampton outside the villages, property owners may clear vegetation within 20 feet of a house or business for wildfire separation without a Land Disturbance Permit under Town Code § 330-69.6. Beyond that 20-foot buffer, removing trees or regrading land generally requires Land Management Administrator approval, with penalties for unpermitted clearing.

Exempt activities. The following activities are permitted without prior authorization or permit: ... (5) The clearing of vegetation within 20 feet of a business or house to provide separation for wildfire safety.

Full Breakdown

The Town of Southampton's Land Disturbance Ordinance, Article XIIIA of Chapter 330 of the Town Code, added 5-12-2026 by Local Law No. 13-2026, regulates the removal of trees and grade changes exceeding two-foot contours on lots outside the incorporated villages. Under § 330-69.6.A, a Land Disturbance Permit from the Land Management Administrator is required before clearing more than 2,000 square feet, or any amount on undeveloped forested land, on lots of 20,000 square feet or larger. Section 330-69.6.B carves out ten exempt activities that need no prior authorization, and the fifth is aimed squarely at fire safety: the clearing of vegetation within 20 feet of a business or house to provide separation for wildfire safety.

That means residents in Hampton Bays, Water Mill, Flanders, Riverside, Noyack and the Town's other unincorporated hamlets can create a defensible-space buffer around a structure without first filing a permit application, a GIS or field review, or waiting out the 30-day decision period the Administrator otherwise uses under § 330-69.11.C. The exemption sits alongside others for hazardous or dead-tree removal, forestry management by public agencies, and septic-system clearing, all in the same subsection. A property owner who wants written confirmation the clearing qualifies can ask the Land Management Administrator or Chief Building Inspector for an exemption memorandum under § 330-69.11.C(6). Clearing that goes beyond the 20-foot wildfire buffer, however, falls back under the general permit requirement.

Violations & Fines

Clearing beyond the 20-foot wildfire exemption without a Land Disturbance Permit violates § 330-69.14.A. A court can impose a fine up to $1,000 per offense per day the lot remains cleared without a valid permit, an unclassified misdemeanor charge, plus a mandatory $100 blight mitigation surcharge; a judge may substitute up to 24 hours of community service in lieu of a fine.

Frequently Asked Questions

Can I clear brush around my house in Southampton without a permit?
Yes. Town Code § 330-69.6.B(5) exempts clearing vegetation within 20 feet of a business or house for wildfire safety separation from the Land Disturbance Permit otherwise required for tree removal or grading. This applies Town-wide outside the incorporated villages, covering hamlets like Hampton Bays, Flanders and Water Mill.
What if I need to clear more than 20 feet?
Larger clearing tied to development, or any clearing of undeveloped forested land, needs a Land Disturbance Permit from the Land Management Administrator under § 330-69.6.A, which reviews square footage, significant trees and grade changes before approval.
What happens if I clear land without the required permit?
Under § 330-69.14, unpermitted clearing can draw a fine of up to $1,000 per offense per day the violation continues, an unclassified misdemeanor charge, and a mandatory $100 blight mitigation surcharge, with community service available in place of a fine.

Sources & Official References

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